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Marshall group files lawsuit against city after petition against megasite gets denied

Marshall Sign.PNG
Posted at 7:12 PM, Jun 27, 2023
and last updated 2023-06-28 11:05:38-04

MARSHALL, Mich. — A group of Marshall residents that have been protesting Ford's planned electric vehicle battery plant have decided to take legal action.

"We worked really hard, 35-40 of us that gathered the 810 signatures. Because we want the residents of the city to have a chance to vote. So, we wanted to be heard," said Diane Kowalski, a Marshall resident.

After submitting a petition to make the megasite zoning a city-wide vote, filing a lawsuit was the last thing Kowalski and the "Committee for Marshall-Not the Megasite" wanted to do.

After the petition was denied, they felt the next step in being heard was to take legal action. The group had problems with how the city decided to go about rezoning the land for the planned site, adding that the city's decision to rezone the mega site included an appropriation.

"And according to the city charter, appropriations can only be done by resolution, not by not by ordinance," attorney Ellis Boal told FOX 17.

Boal also claims that the ordinance contains two subjects, which he says is a violation of the city's charter single-subject rule.

After serving the suit to the city clerk, Boal says he wants the residents to have a voice.

"I don't think it should be decided by outside interests. I don't think it should be decided by just the city council members. I know the joint planning commission voted against this, so let, let the people decide," he said.

The lawsuit was filed in Calhoun County Circuit Court and was served to the city clerk late Tuesday afternoon.

Marshall City Manager Derek Perry released a statement to FOX 17.

“We support the City Clerk’s ‘Certification of Insufficiency’ determination of June 16, 2023, and we will vigorously defend the City’s position in court. We are confident the facts will show that the individuals behind the effort ignored the City Charter and failed to properly gather a sufficient number of valid signatures to attempt to overturn the unanimous City Council decision to rezone the property. We know there is broad community support for this project, and we remain excited about the potential of the BlueOval Battery Park to create thousands of local jobs including jobs for young people, so they aren’t forced to leave our area to find opportunities.”

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